Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Leela Ram S/o Duhanram Uraow – Appellant
Versus
State Of Chhattisgarh Through Police Station – Respondent
| Table of Content |
|---|
| 1. facts regarding the allegations and prosecution's evidence. (Para 1 , 2 , 3 , 4) |
| 2. arguments from both parties regarding consent. (Para 5 , 7 , 8) |
| 3. court analysis regarding consent and implications of delay in fir. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. conclusion that conviction was based on legal errors and is reversed. (Para 24 , 25) |
JUDGMENT :
Narendra Kumar Vyas, J.
1. The appellant has filed present criminal appeal under Section 374(2) of the Criminal Procedure Code against judgment of conviction and order of sentence dated 23.08.2005 passed by learned Sessions Judge, Ambikapur, District Surguja (C.G.) in Sessions Trial No. 456/2004 whereby the appellant has been convicted and sentenced in the following manner:-
2. Case of the prosecution, in brief, is that the complainant lodged a report on 17.12.2003 before the Police Station Ambikapur, District -Surguja bearing Crime No. 103 of 2003 (Ex. P/5) which has been subsequently transferred to the Police Station Dhaurpur bearing Crime No. 153 of 2003 (Ex. P/17) by the victim alleging that she was student of Class 12th and was residing in rental house of Dukhna at Dhaurpur an
Consensual relationships under false pretenses of marriage do not equate to rape; absence of evidence supporting non-consent leads to acquittal.
Consent obtained under a false promise of marriage does not constitute rape if the relationship is consensual and longstanding, as established in relevant legal precedents.
Consent obtained through threats does not establish consensual engagement; credible victim testimony supported by evidence can suffice for conviction in sexual assault cases.
Criminal Law - Charge of Rape - Conviction Upheld - Age of Prosecutrix - Victim was at her tender age when she met the appellant on her way to school. There is no evidence at all that they were in de....
Prolonged consensual relationships undermine claims of rape under false promises, indicating that consent may not be vitiated by misconception of fact.
Consent in sexual relationships must be genuinely understood; presenting false pretenses may constitute a misconception but requires clear malicious intent to amount to rape.
Consent given under a false promise of marriage is not considered valid consent, and the distinction between rape and consensual sex must be carefully examined based on the active and reasoned delibe....
The need for corroboration in cases based solely on the victim's testimony, especially in cases of inordinate delay in lodging the FIR, and the importance of fair consideration for both the victim an....
Rape - Conviction confirmed and Bail rejected - Accused who gave promise to prosecutrix to marry, did not have any intention to marry and prosecutrix gave consent for sexual intercourse on such an a....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
